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-Caveat Lector- Blogged by Brad on 2/27/2006 @ 10:57am PT...
VIDEO EXCLUSIVE:Arizona Election Official's Diebold Tirade Caught on Tapeas Electoral Integrity Battle Nears Boiling Point!Pima County Election Director Brad Nelson Launches Outburst Towards Election Reform Advocate in Response to Question About New Touch-Screen Voting MachinesLetter Calls for Censure of Official as Onlookers Stunned by Encounter, Feared Violence Would Break Out...
The battle between Election Officials and Election Integrity Advocates has been simmering and intensifying for some time. Last week, in Arizona, one such confrontation boiled over briefly into an outburst...
The battle between Election Officials and Election Integrity Advocates has been simmering and intensifying for some time. Last week, in Arizona, one such confrontation boiled over briefly into an outburst at a public meeting which was documented on video tape. In what could be a preview for the Electoral Integrity fight still to come, Pima County, Arizona's Election Director Brad Nelson went into a short tirade last Tuesday as the video camera rolled during a local Democratic precinct council meeting in the state's 26th Legislative District.
The BRAD BLOG has obtained the exclusive video of the event which reveals the Republican Nelson flying off the handle and shouting as he confronts Election Integrity Advocate, John Brakey, "nose to nose" during a question about Diebold's DRE (touch-screen) voting machines. Before Brakey was able to get to his main question concerning Nelson's plans for Logic and Accuracy testing on the machines, he was interupted by Nelson's outburst over whether or not he had, in fact, signed a contract for use of the new voting machines in the county.
Diebold's hackable touch-screen machines have been recently approved for first-time use in the state by Arizona's Secretary of State Jan Brewer.Ironically enough -- especially in light of this new video -- Brewer herself recently referred to election integrity advocates as "anarchists" in an interview with the Arizona Star after demonstrators concerned about Diebold interrupted her re-election campaign announcement just after the first of this year.
While Nelson's confrontational rant was just short of anarchic, it certainly sent a shockwave of concern throughout the room of stunned onlookers.
One of the witnesses present, Rev. Gerry Straatemeier, described the "intimidating behavior" displayed in the incident as "completely out of line for a public official". Straatemeier was so troubled by the display that she sent an open letter to the Pima County Board of Supervisors calling for Nelson to be censured for the behavior. In the letter (posted in full at the end of this item, along with a text transcript of the event) Straatemeier says, "I really thought he was going to land a blow on Mr. Brakey and I was scared to death."
In the video, Nelson charges towards the camera at one point -- which Brakey was standing near -- coming so close that it's impossible to see anything but his chest in full camera's full frame.
Straatemeier, in her letter, suggests the tirade was an attempt to intimidate Brakey -- and other election integrity advocates -- from further inquiry into the controversial Diebold touch-screen voting equipment now coming into Arizona despite a Dept. of Homeland Security warning that their tabulator software is hackable, a non-partisan GAO report confirming the failures and loss of ballots via electronic voting, and a recent independent analysis [PDF] commissioned by the Sec. of State of California which warns about the hackable "interpeted code" used in Diebold voting machines despite a ban on such code by the federal Help America Vote Act (HAVA) guidelines.
As we reported in May of last year, Brakey has for some time been closely investigating a number of troubling anomolies in recent Arizona elections. His intensive work auditing his own precinct in Pima County, where he says evidence suggest fraud occurred in the 2004 election, was covered in detail last year by The Tuscon Weekly. That work has brought him in contact many times in the past with Nelson -- without incident apparently, until last week.
Last Tuesday, as the following video shows, the simmering frustration and growing anger roiling up between many Election Officials and Election Reformers, has finally begun to make its way to the surface and into the public eye...-----------------
Diebold Whistleblower Facing Three Felony CountsHuffington Post Picks Up the Cause...Please take action!Last week we briefly discussed Stephen Heller who, out here in Los Angeles, is now facing three felony charges for exposing the illegal scheme by Diebold to use uncertified software...
Last week we briefly discussed Stephen Heller who, out here in Los Angeles, is now facing three felony charges for exposing the illegal scheme by Diebold to use uncertified software on their voting machines in the state several years ago. The LA Times coverage is <below>.
Heller blew the whistle on the company's plan to defraud California voters when he exposed documents he saw while working as a temp worker at Diebold's California law firm, Jones Day. The courageous act, from which Heller stood to gain nothing (he, in fact, was fired for it) led to the decertification of Diebold in the state by former Sec. of State Kevin Shelley, and then to the eventual settlement between the company and the state of California for $2.6 million in 2004.
Today, several Huffington Post blogger take up on Heller's behalf, along with issuing some calls to action to contact the LA District Attorney's office to encourage tell them to drop this appalling case of punishing the patriot, Heller at the behest of the the bullies at Diebold.
Peter Soby Jr.'s coverage is the most complete. Here's a snippet:
Let's make this clear, folks. The docs Heller is accused of exposing were important evidence. First, they show that Diebold and their attorneys, Jones Day, conspired to mislead the California secretary of state, and that the lie they told was material, and resulted directly in the disenfranchisement of voters. Second, another document demonstrates that Diebold lied to the secretary of state when it represented that certain problems with its software were "fixed." This document, the release notes for the new software, showed that the problems were not fixed. Third, the documents showed that Diebold had been advised by Jones Day that what it had been doing with its uncertified software was illegal. Fourth, the documents show that Jones Day advised Diebold that it was subject to criminal prosecution. So in a nutshell, Diebold was defrauding the state government and taxpayers of California, and disenfranchising the voters of California. And the documents PROVE it.
And for allegedly exposing Diebold's felonious behavior (which led directly to Diebold being de-certified in California), for allegedly helping protect the taxpayers and voters of California, for allegedly helping to keep elections clean and fair, what happens? Diebold, the true criminal in this case, and their powerful international law firm Jones Day, press the L.A. District Attorney's office to hammer Heller, a whistleblower. Three felonies! Diebold was (and probably still is) screwing California voters, Heller is alleged to have seen the smoking gun evidence of Diebold's crimes, and, like a true patriot and whistleblower, allegedly exposed that smoking gun evidence, and now HE'S the one facing jail time. Only in Bush's America!
Soby goes on to offer some talking points and helpful contact information for the LA District attorney. Please check them out and take action.
As well, Lyn Davis Lear (Norman's wife), speaks up in support as well.----------------
Man Pleads Not Guilty
in Voting Device Case
A word processor accused of stealing damaging documents about electronic voting machine manufacturer Diebold Election Systems was arraigned Tuesday on three felony counts.
Stephen Heller was charged in Los Angeles Superior Court with felony access to computer data, commercial burglary and receiving stolen property. He pleaded not guilty.www.ctrl.org DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply."It's a devastating allegation for a whistle-blower," said Blair Berk, Heller's attorney. "Certainly, someone who saw those documents could have reasonably believed that thousands of voters were going to be potentially disenfranchised in upcoming elections."
The charges arise from Heller's alleged disclosure two years ago of legal papers from the Los Angeles office of international law firm Jones Day, which represented Diebold at the time. Heller was under contract as a word processor at Jones Day.
The documents included legal memos from one Jones Day attorney to another regarding allegations by activists that Diebold had used uncertified voting systems in Alameda County elections beginning in 2002.
In the memos, a Jones Day attorney opined that using uncertified voting systems violated California election law and that if Diebold had employed an uncertified system, Alameda County could sue the company for breaching its $12.7-million contract.
The documents also revealed that Diebold's attorneys were exploring whether the California secretary of state had the authority to investigate the company for alleged election law violations.
The Oakland Tribune published the legal memos on its website in April 2004. By then, the issue of whether Diebold used uncertified systems was already receiving widespread attention, because many of its systems failed during the March 2004 primary. As a result, poll workers had to turn away some early voters in San Diego County, and Alameda County voters had to use paper ballots.
A subsequent report by the secretary of state's office found that Diebold had marketed and sold its systems before gaining federal qualification and had installed uncertified software on election machines in 17 counties.
The company's AccuVote-TSx model was banned in May 2004, but Diebold machines were conditionally recertified by Secretary of State Bruce McPherson last week for use in 17 counties for this year's elections.
McPherson ordered Diebold to make long-term programming changes and submit the modifications to a federal panel for recertification.
The conditional recertification follows a turbulent history for Diebold's electronic voting systems.
In November 2004, the company settled a civil lawsuit brought by two activists and later joined by the state attorney general after he dropped his criminal investigation of the company.
Diebold paid $2.6 million to settle the suit, which alleged that the company had sold its touch-screen voting systems to Alameda County through misrepresentations about their security and certification.
One of the activists, Jim March, said he was the person who actually turned over the allegedly stolen documents to the Oakland Tribune and the state attorney general's and secretary of state's offices.
Sandi Gibbons, spokeswoman for the Los Angeles County district attorney's office, refused to call Heller a "whistle-blower."
"We call him a defendant," she said. "He's accused of breaking the law…. If we feel that the evidence shows beyond a reasonable doubt in our minds that a crime has been committed, it's our job as a criminal prosecutor to file a case."
Although state law protects whistle-blowers from retaliation by their employers, they can still be criminally prosecuted, said Tom Devine, legal director at the Washington, D.C.-based Government Accountability Project.
"It's very rare that it's successful," he said. "It's a tactic where the primary goal may be to scare other would-be whistle-blowers rather than a realistic attempt to obtain a conviction."
Heller's preliminary hearing date will be set at a trial conference April 24.
If convicted on all three counts, he could face up to three years and eight months in state prison, Gibbons said.
*
Times staff writer Jean O. Pasco contributed to this report.Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at:
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